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HomeMy WebLinkAbout932129 AFTER RECORDING, RETURN TO: AMERICAN TITLE, INC. P.O. BOX 641010 OMAHA, NE 68164·1010 ATI#:2ð070 7/ g ():2;l.4 RECEIVED 8/1412007 at 12:44 PM RECEIVING # 932129 BOOK: 668 PAGE: 748 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 000748 WYOMING OPEN-END MORTGAGE (Securing Future Advances) 0061611117 .. TillS MORTGAGE is given on August 2nd, 2007 The mortgagor is NANCY L NAPPLES & DONALD H NAPPLES This mortgage is given to FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK N.A. whose address is 4000 HORIZON WAY, IRVING, TEXAS 75063 In this Mortgage, the tenns "you", "yours" refer to the mortgagor(s). The tenns "we", "us" and "our" refer to FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK N.A. Pursuant to a Home Equity Line of Credit Agreement and disclosures under the Federal Truth-In Lending Act dated the same date as this Mortgage ("Agreement "), you may incur indebtedness in amounts fluctuating from time to time up to the MAXIMUM PRINCIPAL SUM of ONE HUNDRED FIFTY THOUSAND & 00/100 Dollars (U.S. $ 150,000.00). The Agreement provides for the full debt, if not paid earlier, to be paid by SEPTEMBER 1, 2027 You agree that this Mortgage shall continue to secure all sums now or hereafter advanced under the tenns of the Agreement including, without limitation, such sums that are advanced to you whether or not at the time the sums are advanced there is any principal sum outstanding under the Agreement. This Mortgage secures to us: (a) the repayment of the debt evidenced by the Agreement, with interest, and all refinancings, renewals, extensions and modifications of the Agreement; (b) the payment of all other sums, with interest, advanced under paragraph 7 of this Mortgage to protect the security of this Mortgage; and (c) the perfonnance of your covenants and agreements under this Mortgage and the Agreement. For this purpose and in consideration of the debt, you do hereby mortgage, grant and convey to us and our successors and assigns the property located in Lincoln County, Wyoming, to wit: Ey:hdJ~t All that tract or parcel of land as shown on SElRliH;¡"'..e "A" attached hereto which is incorporated herein and made a part hereof. .pI D: .3 3 \ q } 3> 100 c9-0 'foo WY HELOC FHHLC 03-04 1 of I FH6D271 000749 Which property has the address of: 94321 US HWY 89 N, AFTON, WYOMING 83110 "Property Address". TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Mortgage. All of the foregoing is referred to in this Mortgage as the "Property." YOU COVENANT that you are lawfully seized of the estate hereby conveyed and have the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. You warrant and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. YOU AND WE covenant and agree as follows: 1. Payment of Principal, Interest and Other Charges. You shall pay when due the principal and interest owing under the Agreement and all other charges due under the Agreement. 2. Payments of Taxes and Insurance. You will pay, when due, all taxes, assessments, leasehold payments or ground rents (if any), and hazard insurance on the Property and mortgage insurance (if any). 3. Application of Payments. Unless applicable law provides otherwise, all payments received by us under the Agreement and paragraph I may be applied by us first to interest and other charges payable under the Agreement and then to the remaining principal balance under the Agreement. 4. Prior Mortgages; Charges; Liens. You shall perform all of your obligations under any mortgage, deed of trust or other security instruments with a lien which has priority over this Mortgage, including your covenants to make payments when due. You shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Mortgage or any advance under this Mortgage, and leasehold payments or ground rents, if any. Upon our request, you shall promptly furnish to us all notices of amounts to be paid under this paragraph and receipts evidencing any such payments you make directly. You shall promptly discharge any lien (other than a lien disclosed to us in your application or in any title report we obtained) which has priority over this Mortgage or any advance to be made under the Agreement or this Mortgage. 5. Hazard Insurance. You shall keep the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including floods or flooding, for which we require insurance. This insurance shall be maintained in the amounts and for the periods that we require. You may choose any insurer reasonably acceptable to us. Insurance policies and renewals shall be acceptable to us and shall include a standard mortgage clause. If we require, you shall promptly give us all receipts of paid premiums and renewal notices. You shall promptly notify the insurer and us of any loss. We may make proof of loss if you do not promptly do so. Insurance proceeds shall be applied to restore or repair the Property damaged, if restoration or repair is economically feasible and our security would not be lessened. Otherwise, insurance proceeds shall be applied to sums secured by this Mortgage, whether or not then due, with any excess paid to you. If you abandon the Property, or do not answer within 30 days our notice to you that the insurer has offered to settle a claim, then we may collect and use the proceeds to repair or restore the Property or to pay sums secured by this Mortgage, whether or not then due. The 30-day period will begin when notice is given. 0061611117 WY HELOC FHHLC 03-04 20f( FH6D272 000750 Any application of proceeds to principal shall not require us to extend or postpone the due date of monthly payments. If we acquire the Property at a forced sale following your default, your right to any insurance proceeds resulting from damage to the Property prior to the acquisition shall pass to us to the extent of the sums secured by this Mortgage immediately prior to the acquisition. 6. Preservation and Maintenance of Property; Leaseholds. You shall not destroy, damage or substantially change the Property, allow the Property to deteriorate, or commit waste. If this Mortgage is on a leasehold, you shall comply with the lease. If you acquire fee title to the Property, the leasehold and fee title shall not merge unless we agree to the merger in writing. 7. Protection of Our Rights in the Property; Mortgage Insurance. If you fail to perfonn the covenants and agreements contained in this Mortgage, or there is a legal proceeding that may significantly affect our rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce the laws or regulations), then we may do, and pay for, anything necessary to protect the Property's value and our rights in the Property. Our actions may include paying any sums secured by a lien which has priority over this Mortgage or any advance under the Agreement or this Mortgage, appearing in court, paying reasonable attorney's fees, paying any sums which you are required to pay under this Mortgage and entering on the Property to make repairs. We do not have to take any action we are pennitted to take under this paragraph. Any amounts we pay under this paragraph shall become additional debts you owe us and shall be secured by this Mortgage. These amounts shall bear interest from the disbursement date at the rate established under the Agreement and shall be payable, with interest, upon our request. If we require mortgage insurance as a condition of making the loan secured by this Mortgage, you shall pay the premiums for such insurance until such time as the requirement for the insurance tenninates. B. Inspection. We may inspect the Property at any reasonable time and upon reasonable notice. 9. Condemnation. The proceeds of any award for damages, direct or consequential, in COlll1ection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to us. 10. You Are Not Released; Forbearance by Us Not a Waiver. Extension of time for payment or modification of amortization of the sums secured by this Mortgage granted by us to any of your successors in interest shall not operate to release your liability or the liability of your successors in interest. We shall not be required to commence proceedings against any successor in interest, refuse to extend time for payment or otherwise modify amortization of the sums secured by this Mortgage by reason of any demand made by you or your successors in interest. Our forbearance in exercising any right or remedy shall not waive or preclude the exercise of any right or remedy. 11. Successors and Assigns Bound; Joint and Several Liability; Co-Signers. The covenants and agreements of this Mortgage shall bind and benefit your successors and pennitted assigns . Your covenants and agreements shall be joint and several. Anyone who co-signs this Mortgage but does not execute the Agreement: (a) is co-signing this Mortgage only to mortgage, grant and convey such person's interest in the Property; (b) is not personally obligated to pay the Agreement, but is obligated to pay all other sums secured by this Mortgage; and (c) agrees that we and anyone else who signs this Mortgage may agree to extend, modify, forbear or make any accommodations regarding the tenns of this Mortgage or the Agreement without such person's consent. 12. Loan Charges. If the loan secured by this Mortgage is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the pennitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the pennitted limit; and (b) any sums already collected from you which exceed pennitted limits will be refunded to you. We may choose to make this refund by reducing the principal owed under the Agreement or by making a direct payment to you. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Agreement. 0061611117 WY HELOC FHHLC 03-04 3 of rI FH6D273 13. Notices. Unless otherwise required by law, any notice to you provided for in this Mortgage shall QQR:7e~~ mailed by first class mail to the Property Address or any other address you designate by notice to us. Unless otherwise required by law, any notice to us shall be given by first class mail to our address stated above or any other address we designate by notice to you. 14. Governing Law; Severability. This Mortgage shall be governed by federal law and, except as preempted by federal law, by the law of jurisdiction in which the Property is located. In the event that any provision or clause of this Mortgage or the Agreement conflicts with applicable law, such conflict shall not affect other provisions of this Mortgage or the Agreement which can be given effect without the conflicting provision. To this end the provisions of this Mortgage and the Agreement are declared to be severable. 15. Transfer of the Property. If all or any part of the Property or any interest in it is sold or transferred without our prior written consent, we may, at our option, require immediate payment in full of all sums secured by this Mortgage. However, this option shall not be exercised by us if exercise is prohibited by federal law as of the date of this Mortgage. 16. Sale of Agreement; Change of Loan Servicer. The Agreement or a partial interest in the Agreement (together with this Mortgage) may be sold one or more times without prior notice to you. A sale may result in a change in the entity (known as the "Loan Servicer") that collects monthly payments due under the Agreement and this Mortgage. There also may be one or more changes of the Loan Servicer unrelated to the sale of the Agreement. If there is a change of the Loan Servicer, you will be given written notice of the change as required by applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any infonnation required by applicable law. 17. Hazardous Substances. You shall not cause or pennit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. You shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use or storage on the Property of Hazardous Substances in quantities that are generally recognized to be appropriate to nonnal residential uses and to maintenance of the Property. You shall promptly give us written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous SubstIDlce or Environmental Law of which you have actual knowledge. If you learn or are notified by any government or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, you shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this Mortgage, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or fonnaldehyde, and radioactive materials. As used in this Mortgage, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. 18. Acceleration; Remedies. You will be in default if (1) any payment required by the Agreement is not made when it is due; (2) we discover that you have committed fraud or made a material misrepresentation; or (3) you take any action or fail to take any action that adversely affects our security for the Agreement or any right we have in the Property. If a default occurs, we will give you notice specifying: (a) the default; (b) the action required to cure the default; (c) a date not less than 30 days from the date the notice is given to you, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding and sale of the Property. The notice shall further inform you of any right to reinstate after acceleration and the right to assert in any foreclosure proceeding the non-existence of a default or any other defense you have to acceleration and foreclosure. If the default is not cured on or before the date specified in the notice, we at our option may require immediate payment in full of all sums secured by this Mortgage without further demand and may foreclose this Mortgage by power of sale. 0061611117 WY HELOC FHHLC 03-04 4 of; FH6D274 000752 If we invoke the POWER OF SALE, we will give notice of intent to foreclose to you and to the person in possession of the Property, if different, in accordance with applicable law. We will give notice of the sale to you in the manner provided in paragraph 13. We will publish the notice of sale, and the Property will be sold in the manner prescribed by applicable law. We or our designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys' fees; (b) to all swns secured by this Mortgage; and (c) any excess to the person or persons legally entitled to it. 19. Satisfaction. Upon your request and payment of all sums secured by this Mortgage, we shall cause the entry of satisfaction to be made upon the records of this Mortgage. You shall pay all costs and fees for entering the satisfaction upon the records of this Mortgage. 20. Riders to this Mortgage. If one or more riders are executed by you and recorded together with this Mortgage, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Mortgage as if the rider(s) were part of this Mortgage. o Condominium Rider 01-4 Family Rider DPlanned Unit Development Rider ~ Other(s) (specify) R.~d e. V' -\- 0 Do\ 1m ort gCLS ~ / $ec.u..Y'; +'f-Deed. 21. Waiver of Homestead Exemption. You are hereby releasing and waiving all rights under and by virtue of the homestead exemption laws of the State of Wyoming in the Property. Your waiver means that we may exercise all of our rights under this Security Instrument. Request for Notice of Default and Foreclosure Under Superior Mortgages or Deeds of Trust I(We) and Lender request the holder of any mortgage, deed of trust, or other encumbrance with a lien which has priority over this Security Instrument to give notice to Lender, at Lender's address set forth on page one of this Security Instrument, of any default under the superior encumbrance and of any sale or other foreclosure action. 0061611117 WY HELOC FHHLC 03-04 5 oft FH6D275 000753 BY SIGNING BELOW, the undersigned Settlors of The Nancy Napples Living Trust under trust instrument dated July 9, 1999, for the benefit of Nancy Napples and the Donald H. Napples Living Trust under trust instrument dated October 21, 2005, for the benefit of Donald H. Napples acknowledge all of the terms and covenants contained in this Security Instrument and any rider(s) thereto and agree to be bound thereby. ~T,ll;: Settlor n o..lJ It· Ct..fP I C$ ~~Js-¡ru.r*ø- Settlor NO-ne y ï/Ii-{JP Ie.s Po.~e- lc;> 000754 BY SIGNING BELOW, you accept and agree to the terms and covenants contained in this Mortgage and any rider(s) executed by you and recorded with it. BOTH SPOUSES MUST SIGN /J.tL- NANCY APPLES , Mortgagor D ALD H NAPPLES ,Mortgagor Nancy Napples as Trustee of The Nancy Napples Living Trust under trust instrument dated July 9, 1999, for the benefit of Nancy Napples and Donald H. Napples as Trustee of The Donald H. Napples Living Trust under trust instrument dated October 21, 2005, for the benefit of Donald H. Napples STATE OF WYOMING, LINCOLN County ss: The foregoing instrument was aclmowledged before me this ~ Y'd day of by NANCY L NAPPLES & DONALD H NAPPLES ~LL~t- , r;.OO t WITNESS my hand and official seal. My Commission Expires: to 1'd-5 {(J-O { 0 ~~ }J(}..¡I\~y T. ßrow n NANCY J. BROWN - NOTARY PUBLIC COUNTY OF STATE OF LINCOLN -,.' WYOMING MY COMMISSION EXPIRES~;}; {~lD This Instrument Was Prepared By: .Ten t1 ~ ~e.(' )(no...pp FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK N.A. 5901 COLLEGE BOULEVARD, 3RD FLOOR 0YERL~ PARK, KS 66211 t...9/.:?>J ;;¿h {-;J. 757 'Â.fter Remniiag Pkd,)C ltt:LUTIl To: FHHL - POST CLOSING MAIL ROOM 1555 W WALNUT HILL LN #200 MC 6712 IRVING, TX 75038 0061611117 WY HELOC FHHLC 03-04 '? o.,ge. ì --b:Œ- FH6D276 000755 RIDER TO THE DEED OF TRUST / MORTGAGE / SECURITY DEED 0061611117 Date: 8/2/2007 The escrow of taxes and insurance required in your DEED OF TRUST/MORTGAGE/SECURITY DEED to FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK N.A. is hereby waived and you are notified that you are not required to deposit with FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK N .A. any of the amounts set forth in said paragraph. This waiver does not, in any way release you from your obligation to make escrow payments of taxes and insurance to the holder of any prior mortgage, nor does it relieve you of your obligation to keep taxes and insurance premiums current with respect to the mortgaged property. RECEIPT ACKNOWLEDGED: ~~~L--07 fJJitJ/f¡fJ~æ.7Øtm:E B-z-o?- NANCY L APPLES Date DbNALD H NAPPLES Date Nancy Napples as Trustee of The Nancy Napples Living Trust under trust instrument dated July 9, 1999, for the benefit of Nancy Napples and Donald H. Napples as Trustee of The Donald H. Napples Living Trust under trust instrument dated October 21, 2005, for the benefit of Donald H. Napples HELOC RIDER 0507 FH6D444 000756 Eth~ hi+ "A" Property Description NANCY L. BREITENSTINE, TRUSTEE OF THE NANCY L. BREITENSTINE LIVING TRUST DATED JULY 9, 1999 AND DONALD H. NAPPLES, TRUSTEE OF THE DONALD H. NAPPLES LNING TRUST DATED OCTOBER 21, 2005 THE FOLLOWING DESCRIBED REAL ESTATE, SITUATE IN LINCOLN COUNTY AND STATE OF WYOMING, HEREBY RELEASING AND W AlVING ALL RIGHTS UNDER AND BY VIRTUE OF THE HOMESTEAD EXEMPTION LAWS OF THE STATE TO WIT: A PORTION OF THE SWl/4NEl/4 AND THE Nl/2SEl/4 OF SECTION 13, T33N Rl19W OF THE 6TH P.M. LINCOLN COUNTY, WYOMING, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE BLM TYPE MONUMENT FOUND MARKING THE BLOYD B. BAKER PEILS 698, 1998 LOCATION FOR THE CEl/16 CORNER OF SAID SECTION 13; THENCE N 89 DEGREES 59 MINUTES 01 SECONDS E, ALONG THE EAST-WEST CENTERLINE OF SAID SECTION 13, 56.96 FEET TO AN IRON PIPE FOUND MARKING A POINT IN THE CENTER LINE OF U.S HIGHWAY 89 RIGHT-OF-WAY; THENCE S 44 DEGREES 51 MINUTES 05 SECONDS E, ALONG LAST SAID CENTERLINE, 140.10 FEET TO COTION GIN SPIKE SET; THENCE S 89 DEGREES 59 MINUTES 01 SECONDS W, PARALLEL TO SAID SECTION 13 CENTERLINE 952.77 FEET TO THE APPROXIMATE CENTERLINE OF THE SALT RIVER; THENCE N 27 DEGREES 54 MINUTES 29 SECONDS E, ALONG SAID SALT RIVER CENTERLINE, 112.44 FEET TO A POINT IN SAID SECTION 13 CENTERLINE; THENCE N 89 DEGREES 59 MINUTES 01 SECONDS E, ALONG LAST SAID CENTERLINE, 69.96 FEET TO THE BLM TYPE MONUMENT FOUND MARKING THE PAUL N. SCHERBEL LOCATION FOR THE CEWl/64 CORNER. THENCE NO DEGREES 26 MINUTES 16 SECONDS E, ALONG THE NORTH-SOUTH CENTERLINE OF THE SWl/4NEl/4, 695.64 FEET TO AN IRON PIPE SET MARKING TilE CENTER OF SAID SWl/4NEl/4; THENCE S 89 DEGREES 59 MINUTES 00 SECONDS E, ALONG THE EAST-WEST CENTERLINE OF SAID SWl/4NEl/4, 75.98 FEET TO A COTION GIN SPIKE SET MARKING A POINT IN SAID CENTERLINE OF THE U.S. HIGHWAY 89 RIGHT OF WAY; THENCE, SOUTHEASTERLY, ALONG LAST SAID CENTERLINE, ALONG A 5729.58 FEET RADIUS CURVE TO THE LEFT (CHORD BEARS S 43 DEGREES 46 MINUTES 59 SECONDS E, 213.67 FEET) THROUGH A CENTRAL ANGLE OF 2 DEGREES 08 MINUTES 13 SECONDS AN ARC DISTANCE OF 213.69 FEET TO A COTTON GIN SPIKE SET MARKING STA. PCl129+07.5; THENCE S 44 DEGREES 51 MINUTES 05 SECONDS E, CONTINUING ALONG LAST SAID CENTERLINE, 632.15 FEET TO A COTION GIN SPIKE SET MARKING A POINT IN THE EAST LINE OF SAID SWl/4SEl/4; THENCE S 0 DEGREES 17 MINUTES 26 SECONDS W, ALONG SAID EAST LINE 56.98 FEET TO THE POINT OF BEGINNING. SUBJECT TO RESTRICTIONS, RESERVATIONS, EASEMENTS, COVENANTS, OIL, GAS OR MINERAL RIGHTS OF RECORD, IF ANY.